Plea Bargaining with Budgetary Constraints and Deterrence
In this paper, I construct a simple model that illustrates conditions under which increased criminal sanctions can lead to increased levels of crime. This finding is derived from the interaction of binding budgetary con- straints and plea bargaining, given that the costs of trial are assumed to be increasing in the size of sanction. In an environment with these institutional features, maximal sanctions are not optimal when resources are limited, and increased sanctions cannot generally be viewed as a sub- stitute for increased monitoring. In this framework, increasing sanctions for different offences proportionally can lead criminals to substitute be- tween offences. In fact, increased sanctions can lead to more severe crime. This effect is unambiguous when the marginal cost of trial is constant or increasing. The increasing cost of trial can imply that even when a pro- portional sanction increase implies a reduction in total crime levels it may imply an increase in severe offences, since some minor criminals will sub- stitute into more severe crimes. This model also suggests that increased resources for prosecutors deter crime.
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- James Andreoni, 1991.
"Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?,"
RAND Journal of Economics,
The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
- Andreoni, J., 1989. "Reasonable Doubt And The Optimal Magnitude Of Fines: Should The Penalty Fit The Crime," Working papers 8908, Wisconsin Madison - Social Systems.
- Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, vol. 69(5), pages 880-91, December.
- Boadway, R. & Marceau, N. & Marchand, M., 1993.
"Time-Consistent Criminal Sanctions,"
9318, Laval - Recherche en Politique Economique.
- Robin W. Boadway & Nicolas Marceau, 1993. "Time-Consistent Criminal Sanctions," Working Papers 883, Queen's University, Department of Economics.
- BOADWAY, Robin & MARCEAU, Nicolas & MARCHAND, Maurice, . "Time-consistent criminal sanctions," CORE Discussion Papers RP 1337, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
- BOADWAY, Robin & MARCEAU, Nicolas & MARCHAND, Maurice, 1994. "Time-Consistent Criminal Sanctions," CORE Discussion Papers 1994010, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
- William M. Landes, 1974. "Legality and Reality: Some Evidence on Criminal Procedure," NBER Working Papers 0040, National Bureau of Economic Research, Inc.
- Reinganum, Jennifer F., 1986.
"Plea Bargaining and Prosecutorial Discretion,"
616, California Institute of Technology, Division of the Humanities and Social Sciences.
- Gary S. Becker, 1974.
"Crime and Punishment: An Economic Approach,"
in: Essays in the Economics of Crime and Punishment, pages 1-54
National Bureau of Economic Research, Inc.
- Shavell, Steven, 1991.
"Specific versus General Enforcement of Law,"
Journal of Political Economy,
University of Chicago Press, vol. 99(5), pages 1088-1108, October.
- Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
- Shavell, Steven, 1987. "The Optimal Use of Nonmonetary Sanctions as a Deterrent," American Economic Review, American Economic Association, vol. 77(4), pages 584-92, September.
- Isaac Ehrlich, 1996. "Crime, Punishment, and the Market for Offenses," Journal of Economic Perspectives, American Economic Association, vol. 10(1), pages 43-67, Winter.
- Grossman, Gene M & Katz, Michael L, 1983. "Plea Bargaining and Social Welfare," American Economic Review, American Economic Association, vol. 73(4), pages 749-57, September.
- Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-66, October.
- Ehrlich, Isaac, 1975.
"The Deterrent Effect of Capital Punishment: A Question of Life and Death,"
American Economic Review,
American Economic Association, vol. 65(3), pages 397-417, June.
- Isaac Ehrlich, 1973. "The Deterrent Effect of Capital Punishment: A Question of Life and Death," NBER Working Papers 0018, National Bureau of Economic Research, Inc.
- Lucian Arye Bebchuk & Louis Kaplow, 1992. "Optimal Sanctions When the Probability of Apprehension Varies Among Individuals," NBER Working Papers 4078, National Bureau of Economic Research, Inc.
- Mookherjee, Dilip & Png, I P L, 1992. "Monitoring vis-a-vis Investigation in Enforcement of Law," American Economic Review, American Economic Association, vol. 82(3), pages 556-65, June.
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